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Thread: Do I have to tell cop i have a gun on me?

  1. #1
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    If he doesn't ask if I have weapons in the car do I legally have to tell him I'm carrying? Everytime I do I get asked to exit vehicle, which ends up resulting in a 20-30min stop. In Las Vegas,NV

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    You might want to ask in your state forum.





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    Just a thought - better to offer the info up front then to have a backup officer misinterpret your reaching for the wallet, registration...

    Do you HAVE to? Probably not. Prudent? Probably.

    YMMV...

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    Regular Member SpyderTattoo's Avatar
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    It's none of their business.Don't tell them anything.
    Certified Glock Armorer

    "A government and its agents are under no general duty to provide public services, such as police protection, to any particular individual citizen..." -- Warren v. District of Columbia, 444 A.2d 1 (D.C. App.181)

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    Some states you have to by law...other states you do not.

    Nevada is one of those states where it is NOT required.
    States donít have rights. People do.

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    SpyderTattoo wrote:
    It's none of their business.Don't tell them anything.
    This is VERY dangerous advice! You can give this advice in the individual state forums because it may be correct, but in the general forums, please do not say this! Assuming the OP's location is accurate (LV, NV) then it's accurate information according to their state law. The issue arrises when someone else reads this and goes "Hey, I had that same question and this guy just answered it!" except that youhoo lives in a state where it *IS* required.

    In some states, it very much *IS* their business. 999 times out of 1000 the cop is not trying to destroy your civil rights, he just wants to know for his own personal safety.

    Again, please do not give advice like that to the forum. It's very dangerous advice.

  7. #7
    Founder's Club Member Hawkflyer's Avatar
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    While some states do not require notice, some do. No matter what the local law is, it is always a reasonable courtesy to notify the officer in order to avoid any misunderstandings.

    The heaviest responsibility you will ever carry is the power to take a life. Along with that power comes the responsibility to act reasonably in EVERY situation. If telling a LEO that I am armed will get everyone home safe at the end of the day, then that is what I am going to do, and while IANAL you should consider doing the same.

    Regards
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

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    Founder's Club Member Hawkflyer's Avatar
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    NavyLT wrote:
    Hawkflyer wrote:
    While some states do not require notice, some do. No matter what the local law is, it is always a reasonable courtesy to notify the officer in order to avoid any misunderstandings.

    The heaviest responsibility you will ever carry is the power to take a life. Along with that power comes the responsibility to act reasonably in EVERY situation. If telling a LEO that I am armed will get everyone home safe at the end of the day, then that is what I am going to do, and while IANAL you should consider doing the same.

    Regards
    I respectfully disagree.¬* There is nothing dangerous about a law abiding citizen carrying a firearm.¬* I have been stopped twice while carrying.

    1st time, gun was in the glove box because I had just left a casino.¬* I pulled over, opened the glove box, quickly retrieved the folder that I knew had registration and insurance card in it and closed the glove box.¬* Never told the cop about the gun, he had no reason to know and no law in Washington requires it.

    2nd time gun was in my holster on my belt.¬* Stop went normal until at the very end he asked me to exit the car!¬* So I got out and went to the back of my car where he was waiting.¬* He just wanted to give me a warning, but not in front of my family for some reason.¬* He saw the gun then and didn't phase him at all.

    I agree with not telling, so long as state law allows, unless asked.¬* Many others have volunteered such information and it has resulted in a major hassle for them.
    The reason for notification has nothing to do with your tendency to shoot or even endanger people. It has a lot to do with keeping you from getting shot because you reached for your wallet and revealed your sidearm by surprise. Under those circumstances, the LEO might reasonably assume you were actually reaching for the gun and respond accordingly. Now when he is filling out the paperwork, and you are being placed carefully in the back of the coroner's van, do you think anyone will blame him after shooting you for drawing down on him?

    The hassle you describe has a lot more to do with your demeanor and what you were stopped for then it does about notification that you are armed.

    Like I said it is a courtesy. Some people are just not polite.

    regards
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

  9. #9
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    I agree that blanket statements are not appropriate for a forum that covers states with individual laws seperate from each other.

    I live in a state w/o OC, and I have my CCL. This state also requires that I MUST notify any LEO of my weapon during any contact. The only problem is that thethree times I was stopped for speeding, I never got the chance to inform the officer. One time, he walked up and asked why I was speeding and I answered, he laughed, said, "Give me your license and insurance so I can get you on your way." I did make sure he saw my CCL in my wallet. The second time, the officer had a little bit of an attitude and accused me of crossing the yellow line. Since I knew I had not done that, I immediately said, "I did not! My tires might have kissed the line, but I did not cross the line!" As it was my SO's car, I had to dig for the Ins.Ver. and completely forgot to inform him that I was armed. I didn'tget the speeding ticket, but got a warningticket for the crack in the windshield up near the roof (not my car.)The third time, I had the CCL in my hand along with the DL and Ins.Ver. That time I got the ticket ;-)

    At least my state doesn't inform LEO about the CCL, but I understand Kansas makes it an endorsement on their DL. That way, any time they have to use their DL for something, that clerk or whatever will know they are probably armed which defeats the purpose of concealed carry. I don't mind telling LEO, but any clerk in a store, no thanks, too many of them are criminals themselves.
    cheers - okboomer
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  10. #10
    Regular Member SouthernBoy's Avatar
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    I'm going to agree with Hawkflyer on this one and I'll tell you why I say this and why I would take this position if stopped.

    The LEO approaching my car does not know me nor do I know him virtually 100% of the time. I don't have a clue what kind of day, or week, he's had and I don't know what sort of demeanor he's likely to present. The only one in the mix I know anything about for certain is myself. And there are some surprises which I do not want or like.

    So I am going to give him the benefit of the doubt, so that we both can go home to our loved ones, and tell him up front when I am carrying a firearm. I view this as accomplishing several positive things. Most important, it removes the element of any sort of surprise he might be hit with (remember, I don't know what his state of mind might be), and sets him on an immediately different plane now that he knows I have informed him right away. A nice side benefit might be the fact that I may be let off with a warning or such (I have not received a moving violation in 38 years, 8 months).

    As for not knowing what sort of day he has had, let me give a hypothetical example from a factual event. On May 8, 2006, two Fairfax police officers were murdered at their Sully station (Chantilly, VA). Now suppose I am driving along in Fairfax shortly after this happened, listening to a CD and unaware of this event. An officer stops me for a minor infraction. He is going to be on edge, I would bet. Let's say he has a partner who approaches my passenger side after the first officer has already asked for my license and when he reaches the window, he sees my gun on the seat, partially covered. He is not going to be in a mood to sell Christmas cards I would think. I expect I could very well hear "Gun" then see two muzzles pointing at me from two sides.

    I know, hypothetical, but nevertheless, possible. And there is a final reason why I inform. I want the police to be on our side. I don't want them to view us as a bunch of loose cannons who carry guns and dream of the chance to use them. I would much rather they think of us as concerned and normal citizens who may just save their butts one day.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

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  11. #11
    Founder's Club Member Hawkflyer's Avatar
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    +1

    Well put
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

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    I'll cut to the chase. I don't care if it's 'required, optional or not required... it just makes good sense to 'inform'. 'Saves you (especially) and the cop any misunderstandings when you go reachin' for anything.



    Keep your hands on the steering wheel.Tell the officer you're armed, the location of the weapon and then ask how to proceed. Don't cop an attitude.

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    vegasche1023 wrote:
    If he doesn't ask if I have weapons in the car do I legally have to tell him I'm carrying? Everytime I do I get asked to exit vehicle, which ends up resulting in a 20-30min stop. In Las Vegas,NV
    deleted.

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    Perhaps those of you that carry your ID and other driving related paperwork near your firearm should carry it somewhere else?

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    Founder's Club Member Hawkflyer's Avatar
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    brboyer wrote:
    Perhaps those of you that carry your ID and other driving related paperwork near your firearm should carry it somewhere else?
    Actually this is a very good suggestion. I usually carry my wallet so it is accessible with my left hand (I shoot right handed).

    But as Sonora points out, I still do just as he describes until every one involved is comfortable with the situation. I also move very slowly. I have never been asked to exit the car, and I have never been disarmed during a traffic stop when I followed this approach.

    Regards
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

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    When I travel I actually keep my dl in my visor with my reg and ins, that way I don't have to reach in my glove box or back pocket. Obviously not for the memory impaired who may forget to replace their license back in their wallet when they get to their destination.

    When I do get stopped, I always place both hands in view of the officer and the first thing I say after he asks for my license and reg is that I have a firearm and how he wants me to proceed. Courtesy yes, but I do not want to place myself in a position of having his gun pointing at my face.

    I have always been thanked by every officer that has pulled me over for giving this information up front.

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    I live in Texas. If you do not tell the officer you have a CHL, when he or she runs your drivers license, it will show up because your drivers license number is also on your CHL. If you don't tell the officer, you will first get your a** chewed out then you will get a ticket for not telling. You get two tickets for this and you may lose you CHL. I was told in class to always tell ofor present your CHL to the officer with your drivers license even if you are not carring a handgun or if it is not in your vehicle. At this point, the officer will ask if you are carring, that is when you tell where the weapon is.

    100 percent of the time, the officer will tell me that we will get along as long as the weapon stays where it is.

  18. #18
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    UtahJarhead wrote:
    SpyderTattoo wrote:
    It's none of their business.Don't tell them anything.
    This is VERY dangerous advice! You can give this advice in the individual state forums because it may be correct, but in the general forums, please do not say this! Assuming the OP's location is accurate (LV, NV) then it's accurate information according to their state law. The issue arrises when someone else reads this and goes "Hey, I had that same question and this guy just answered it!" except that youhoo lives in a state where it *IS* required.

    In some states, it very much *IS* their business. 999 times out of 1000 the cop is not trying to destroy your civil rights, he just wants to know for his own personal safety.

    Again, please do not give advice like that to the forum. It's very dangerous advice.

    I agree with the notion that, in a state which does not require notification, that it is not necessary to advise the LEO that one is legally carrying a gun or legally has one in the car.

    It really is *NOT" the business of an LEO to know about a gun on or near a law-abiding citizen at all times.

    Of course, a situation may arise during a LEO-citizen interaction where it becomes the business of an LEO to know about the gun, e.g., if the officer asks a LAC to exit his or her vehicle. Or if thecitizen needs to go into a glove box which contains a firearm (or ammunition)....

    I have a great deal of respect for LE and its sworn officers. And Ibelievein a great deal of prudence in handling any situation involving firearms.

    But, it issimply a construction to say that automatically declaring possession of a gun is a "courtesy" or that it"will get everyone home safe at the end of the day." The construction, one which, for example, Massad Ayoob favors, is a biased one. Biased in favor of LE mentality/desires.

    It's a "courtesy," in my estimation, for a LEO to professionally handle an interaction with a citizen, keeping both him and the citizen safe, without delving into matters that are not relevant.


    I do think that keeping a gun in a location that also contains registration/insurance documents that must be produced in a traffic stop exhibits very poor judgment and is potentially quite dangerous. Doing so, is almost irresponsible.Gotta question the thinking of anyone who'd do that, especiallyafter they think about it.






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    mrjam2jab wrote:
    Some states you have to by law...other states you do not.

    Nevada is one of those states where it is NOT required.
    Same for Colorado. However, if asked, you must answer truthfully!
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    NavyLT wrote:
    since9 wrote:
    mrjam2jab wrote:
    Some states you have to by law...other states you do not.

    Nevada is one of those states where it is NOT required.
    Same for Colorado. However, if asked, you must answer truthfully!
    Please post the citation of the statute to back your statement up. Thems the rules around here. :-)
    http://www.handgunlaw.us/



    rules rules lol J/K...



    click on a state look at top of page has the info for EVERY STATE no wi not ill lol~ go figger



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    NavyLT wrote:
    BerettaFS92Custom wrote:
    NavyLT wrote:
    since9 wrote:
    mrjam2jab wrote:
    Some states you have to by law...other states you do not.

    Nevada is one of those states where it is NOT required.

    Same for Colorado. However, if asked, you must answer truthfully!
    Please post the citation of the statute to back your statement up. Thems the rules around here. :-)
    http://www.handgunlaw.us/



    rules rules lol J/K...



    click on a state look at top of page has the info for EVERY STATE no wi not ill lol~ go figger
    The issue is that Mr./Mrs./Ms. Since9 never came back with any support for his statement, and, therefore, such statement is considered B.S. until he can back it up.
    And there is something preventing you from looking it up yourself?

    The link to all the state laws was given to you along with directions on how to accesss the info.

    And untill you can provide proof that his statement iswrong , your statement is nothing but B.S.

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    OK Children, lets play well together. I clicked on the website provided and I thought it was very helpful. Quite a few states recognize Texas.

  23. #23
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    Unless you wantsomething like this to happen to you, S T F U.

    All you are doing is inviting them to point their guns at you, and if you survive that, disarm you, search you, and seize your property.

    As a fellow Nevada resident, I will relate this story from a rookie police offer fired after this incident. At a traffic stop, after the check for wants & warrants came back with nothing, the detained drivervolunteered to the officer he had a concealed firearmpermit and a gun in the car. The rookie said thanks, no problem, and later sent him on his way. His training officer wrote him up for not following the department policy of drawing his gun on the driver. And with that justification he was later fired.

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    Yard Sale wrote:
    Unless you want¬*something like this to happen to you, S T F U.

    All you are doing is inviting them to point their guns at you, and if you survive that, disarm you, search you, and seize your property.

    As a fellow Nevada resident, I will relate this story from a rookie police offer fired after this incident. At a traffic stop, after the check for wants & warrants came back with nothing, the detained driver¬*volunteered to the officer he had a concealed firearm¬*permit and a gun in the car. The rookie said thanks, no problem, and later sent him on his way. His training officer wrote him up for not following the department policy of drawing his gun on the driver. And with that justification he was later fired.
    You're kidding right?? the rookie was fired for NOT violating the law abiding citizens rights??

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    According to state law: I agree with the sentiment of keeping your documents separate from your pistol. The pistol never becomes an issue in a traffic stop.

    When you know things are going South the officer asks "Are there any drugs, guns, knives, or other contraband in your vehicle, Son?"

    "Yes, Sir. I keep a pistol in my glove box for self defense." Personally that would be my answer to that question. No reason to lie- laws or not. I wouldn't lie to this officer. Respect is a two way street.

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